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Morrisdale Coal Co. v. Pennsylvania R. Co., 230 U.S. 304 (1913)

Morrisdale Coal Company v.

Pennsylvania Railroad Company

No. 207

Argued April 15, 1913

Decided June 9, 1913

230 U.S. 304


Without preliminary action by the Interstate Commerce Commission declaring that the carrier had, by the rule adopted in regard to distribution of cars, discriminated against a shipper in such distribution, the federal courts have no jurisdiction of suit by such shipper for damages alleged to be occasioned by undue discrimination against him and undue preference in favor of his competitor.

The question as to the reasonableness of a rule of car distribution is administrative in its character, and calls for the exercise of the powers and discretion conferred by Congress upon the Interstate Commerce Commission.

Where the alleged discriminations in distribution of cars occurred more than two years before its commencement, the action cannot be stayed to permit an application to the Interstate Commerce Commission, as, under the Act of June 29, 1906, all of such claims are barred after two years. Southern Railway v. Tift, 206 U. S. 434.

The facts are stated in the opinion.

Page 230 U. S. 308

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